Oracle VM and Oracle Enterprise Linux License

Agreement includes license terms supporting the products available for download on this site - Enterprise Linux, Oracle VM-Server, Oracle VM-Manager and other Oracle Programs. Please review the terms for the products you will download and/or install today.

Section A: Terms for Enterprise Linux

Section B: Terms for Oracle VM - Server

Section C: Terms for Oracle VM - Manager

Section D: Terms for Use of Other Oracle Programs

By clicking acceptance below and downloading or installing the programs, you acknowledge your acceptance of the terms for the program(s) you download or install. To the extent permitted: the substantive and procedural laws of California govern this Agreement, and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of California in any dispute relating to this Agreement.

Section A: Terms for Enterprise Linux

"We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has acquired the Enterprise Linux programs. "Enterprise Linux programs" refers to the Linux software product which you wish to download and use and related program documentation. "License" refers to your right to use the Enterprise Linux programs under the terms of this Agreement and the licenses referenced herein. We are willing to provide a copy of the Enterprise Linux programs to you only upon the condition that you accept all of the terms contained in this Section A of this Agreement. Read the terms carefully and indicate your acceptance by

(a) selecting the "Accept" button at the bottom of the page and downloading the Enterprise Linux programs; or,

(b) if you have received these terms during the installation process, continuing to install the Enterprise Linux programs.

If you are not willing to be bound by these terms, select the "Do Not Accept" button and/or do not download the Enterprise Linux programs, or if you have received these terms during the installation process, discontinue the installation process.

Grant of Licenses to the Enterprise Linux programs. Subject to the terms of this Agreement, Oracle America, Inc. ("Oracle") grants to the user ("Customer") a license to the "Enterprise Linux programs" under the GNU General Public License version 2. The Enterprise Linux programs contains many Enterprise Linux program components developed by Oracle and various third parties. The license for each component is located in the documentation, which may be delivered with the Enterprise Linux programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component's source code. This agreement does not limit, supersede or modify your rights under the license associated with an individual component.

Licenses to Additional Enterprise Linux programs. Certain third party technology (collectively the "Additional Enterprise Linux programs") may be included on the same medium or as part of the download of Enterprise Linux programs you receive, but is not part of the Enterprise Linux programs. Each Additional Enterprise Linux program is licensed solely under the terms of the Mozilla Public License, Apache License, Common Public License, GNU Lesser General Public License, Netscape Public License or similar license (collectively, the "Additional Enterprise Linux Programs Licenses") that is included with the relevant Additional Enterprise Linux programs and the associated documentation.

Ownership. The Enterprise Linux programs and their components and the Additional Enterprise Linux programs are owned by Oracle or the relevant third party. Subject to the licenses granted and/or referenced herein, title to the Enterprise Linux programs and their components and the Additional Enterprise Linux programs remains with Oracle and/or the third party.

Trademark License. You are permitted to distribute unmodified Enterprise Linux programs or unmodified Additional Enterprise Linux programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Enterprise Linux programs or unmodified Additional Enterprise Linux programs (the "Oracle Enterprise Linux trademarks"). You may only distribute modified Enterprise Linux programs or modified Additional Enterprise Linux programs if you remove relevant images containing the Oracle Enterprise Linux trademarks. Certain files, identified as http://oss.oracle.com/linux/legal/pkg-list.html, include such trademarks. Do not delete these files, as deletion may corrupt the Enterprise Linux programs or Additional Enterprise Linux programs. You are not granted any other rights to Oracle Enterprise Linux trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Enterprise Linux trademarks. All goodwill arising out of use of the Oracle Enterprise Linux trademarks shall inure to the benefit of Oracle or its affiliates. You may not use any trademarks owned by Oracle or its affiliates (including "ORACLE") or potentially confusing variations (such as, "ORA") as a part of your logo(s), product name(s), service name(s), company name, or domain name(s) even if such products, services or domains include, or are related to, the Enterprise Linux programs or Additional Enterprise Linux programs.

Limited Warranty. THE ENTERPRISE LINUX PROGRAMS AND ADDITIONAL ENTERPRISE LINUX PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS (U.S. ).

No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

Relationship Between the Parties. The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute Enterprise Linux programs that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such Enterprise Linux programs.

Entire Agreement. You agree that this Agreement is the complete Agreement for the Enterprise Linux programs, Additional Enterprise Linux programs and licenses, and this Agreement supersedes all prior or contemporaneous Agreements or representations. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this agreement.

Section B: Terms for Oracle VM - Server

"We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has acquired the Oracle VM - Server programs. "Oracle VM-Server programs" refers to the software product you wish to download and use and related program documentation. "License" refers to your right to use the Oracle VM Server programs under the terms of this Agreement and the licenses referenced herein.

We are willing to provide a copy of the Oracle VM - Server programs to you only upon the condition that you accept all of the terms contained in this Section B of this Agreement. Read the terms carefully and indicate your acceptance by

(a) selecting the "Accept" button at the bottom of the page to confirm your acceptance, if you are downloading the Oracle VM - Server programs and downloading the Oracle VM - Server programs; or,

(b) if you have received these terms during the installation process, continuing to install the Oracle VM - Server programs.

If you are not willing to be bound by these terms, select the "Do Not Accept" button or discontinue the installation process and the registration process will not continue.

Grant of Licenses to the Oracle VM - Server programs. Subject to the terms of this Agreement, Oracle America, Inc. ("Oracle") grants to the user ("Customer") a license to the "Oracle VM - Server programs" under the GNU General Public License version 2. The Oracle VM Server programs contain many Oracle VM - Server programs components developed by Oracle and various third parties. The license for each component is located in the documentation, which may be delivered with the Oracle VM - Server programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component's source code. This agreement does not limit, supersede or modify your rights under the license associated with an individual component.

Licenses to Additional Oracle VM - Server programs. Certain third party technology (collectively the "Additional Oracle VM - Server programs") may be included on the same medium or as part of the download of Oracle VM - Server programs you receive, but is not part of the Oracle VM - Server programs. Each Additional Oracle VM - Server program is licensed solely under the terms of the Mozilla Public License, Apache License, Common Public License, GNU Lesser General Public License, Netscape Public License or similar license (collectively, the "Additional Oracle VM - Server Programs Licenses") that is included with the relevant Additional Oracle VM - Server programs and the associated documentation.

Ownership. The Oracle VM - Server programs and their components and the Additional Oracle VM - Server programs are owned by Oracle or the relevant third party. Subject to the licenses granted and/or referenced herein, title to the Oracle VM - Server programs and their components and the Additional Oracle VM - Server programs remains with Oracle and/or the third party, as appropriate.

Trademark License. You are permitted to distribute unmodified Oracle VM - Server programs or unmodified Additional Oracle VM - Server programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Oracle VM - Server programs or unmodified Additional Oracle VM - Server programs (the "Oracle Oracle VM - Server trademarks"). You may only distribute modified Oracle VM - Server programs or modified Additional Oracle VM - Server programs if you remove relevant images containing the Oracle Oracle VM - Server trademarks. Certain files, identified as http://oss.oracle.com/linux/legal/pkg-list.html, include such trademarks. Do not delete these files, as deletion may corrupt the Oracle VM - Server programs or Additional Oracle VM - Server programs. You are not granted any other rights to Oracle Oracle VM - Server trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Oracle VM - Server trademarks. All goodwill arising out of use of the Oracle Oracle VM - Server trademarks shall inure to the benefit of Oracle or its affiliates. You may not use any trademarks owned by Oracle or its affiliates (including "ORACLE") or potentially confusing variations (such as, "ORA") as a part of your logo(s), product name(s), service name(s), company name, or domain name(s) even if such products, services or domains include, or are related to, the Oracle VM - Server programs or Additional Oracle VM - Server programs.

Limited Warranty. THE ORACLE VM PROGRAMS AND ADDITIONAL ORACLE VM PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS (U.S.).

No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

Relationship Between the Parties. The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute Oracle VM - Server programs that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such Oracle VM - Server programs.

Entire Agreement. You agree that this Agreement is the complete Agreement for the Oracle VM - Server programs, Additional Oracle VM - Server programs and licenses, and this Agreement supersedes all prior or contemporaneous Agreements or representations. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this agreement.

Section C: Terms for Oracle VM - Manager

"We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has acquired the Oracle VM − Manager programs. "Oracle VM − Manager programs" refers to the Oracle software product designated as Oracle VM − Manager product you wish to download and use and related program documentation. "License" refers to your right to use the Oracle VM Manager programs under the terms of this Agreement and the licenses referenced herein. The substantive and procedural laws of California govern this Agreement. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of California in any dispute relating to this Agreement.

We are willing to provide a copy of the Oracle VM − Manager programs to you only upon the condition that you accept all of the terms contained in this Section C of this Agreement. Read the terms carefully and indicate your acceptance by

(a) selecting the "Accept" button at the bottom of the page to confirm your acceptance and downloading the Oracle VM − Manager programs, or

(b) if you have received these terms during the installation process, continuing to install the Oracle VM − Manager programs.

If you are not willing to be bound by these terms, select the "Do Not Accept" button and/or do not download the Oracle VM - Manager programs, or, if you have received these terms during the installation process, discontinue the installation process.

License Rights. We grant you a nonexclusive, nontransferable limited license to use the Oracle VM Manager programs for: (a) purposes of developing, prototyping and running your applications for your own internal data processing operations; (b) you may also distribute the programs with your applications; (c) you may use the programs to provide third party demonstrations and training; and d) you may copy and distribute the programs to your licensees provided that distribution is solely under and each such licensee agrees to abide by the terms of this Section C of this Agreement for Oracle - VM Manager. You are not permitted to use the programs for any purpose other than as permitted under this Agreement. We may audit your use of the programs. Program documentation may be accessed online at http://otn.oracle.com/docs.

Trademarks and Copyrights. You agree not to use Oracle trademarks (including "ORACLE") or potentially confusing variations ( including "ORA") as a part of your product name(s), service name(s), company name, or domain name(s). In marketing, promoting, or distributing the programs, you agree to make it clear that Oracle is the source of the programs. You shall include on all copies of the programs used or distributed by you:

A reproduction of Oracle's copyright notice; or

A copyright notice indicating that the copyright is vested in you containing the following:

A "c" in a circle and the word "copyright";

Your name;

The date of copyright; and

The words "All rights reserved."

Such notices shall be placed on the documentation, the sign-on screen for any software incorporating the programs, and any media containing the programs.

Ownership and Restrictions. We retain all ownership and intellectual property rights in the programs. The programs may be installed on multiple systems provided that you adhere to this Agreement for all use and distribution of the programs.

You may not:

remove or modify any program markings or any notice of our proprietary rights;

assign this agreement or give or transfer the programs or an interest in them to another individual or entity;

cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;

disclose results of any program benchmark tests without our prior consent; or,

use any Oracle name, trademark or logo, except as expressly required herein.

Export. You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html?content.html. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.

Disclaimer of Warranty and Exclusive Remedies.

Limited Warranty. THE ORACLE VM PROGRAMS AND ADDITIONAL ORACLE VM PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).

Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

End of Agreement. You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.

Relationship Between the Parties. The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.

Entire Agreement. You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

Section D: Terms for Use of Other Oracle Programs

In the event you are downloading a Linux and/or VM configuration for one of Oracle's programs - by accessing the software designated as Other Oracle Programs on this Web site, you agree that (1) you have already obtained a license from Oracle, or an Oracle partner, for your use of the software and that your Oracle License and Services Agreement or Software License and Services Agreement, Oracle PartnerNetwork Agreement, Oracle distribution agreement, or other license agreement with Oracle or an Oracle partner, plus the applicable ordering document with Oracle or an Oracle partner, governs your use of the software, or (2) if you have not already obtained a license from Oracle or an Oracle Partner for your use of the software designated on this site as Other Oracle Programs, the Oracle Electronic Delivery Trial License Agreement in this Section D governs your use of the software for the time specified in such agreement. Note: Programs downloaded for trial use or downloaded as replacement media may not be used to update any unsupported programs.

LICENSE GRANT: "Program" or "Programs" shall mean the Oracle Corporation ("Oracle") computer software owned or distributed by Oracle and which you are accessing on the Oracle E-Delivery Web site and for which you are granted a license under this Agreement (the "Programs"), and any user guides and manuals for use of the Programs ("Documentation"). This Agreement grants you the temporary right to use the Programs for evaluation purposes on the single computer designated by you. These rights are granted only to you and may not be assigned or transferred to any other party. You may use the Programs only for evaluation and testing and not for production use. You must enter into a separate agreement to obtain production license rights and technical support for the Programs. The rights granted to you under this Agreement expire at the end of the Trial Term. If you decide to use any of the Programs after the end of the Trial Term, you must acquire a license for each Program from Oracle. You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from the Programs; (b) use the Programs for commercial timesharing, rental, or service bureau use; (c) cause or permit reverse engineering, disassembly, or decompilation of the Programs; (d) disclose results of any benchmark tests of any Programs to any third party without Oracle's prior written approval; or (e) duplicate and/or install the Programs other than as specified in this Agreement. Either party may terminate the license for the Programs at any time. Upon termination or expiration, you shall cease using the Programs.

II. TERMINATION: If you do not obtain a Program use license at the end of the Trial Term, you shall (a) cease using the Programs, and (b) certify to Oracle that you have destroyed or have returned to Oracle the Programs and all copies. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory, and whether or not merged into other materials.

III. EXCLUSION OF WARRANTY: THE PROGRAM IS PROVIDED "AS IS" TO YOU FOR EVALUATION PURPOSES ONLY, EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED.

IV. NONDISCLOSURE: By virtue of this Agreement, the parties may have access to information that is confidential to one another ("confidential information"). We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential information shall be limited to the terms and pricing under this Agreement, any source code for the programs, and all information clearly identified as confidential.

A party's confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.

The parties agree to hold each other's confidential information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement in any legal proceeding arising from or in connection with this Agreement or disclosing the information to a federal or state governmental entity as required by law.

V. LIMITATION OF LIABILITY: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT AND YOUR ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY.

VI. EXPORT ADMINISTRATION: Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the programs. You agree that such export control laws govern your use of the programs (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

VII. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between you and Oracle with reference to your use of the Programs on a trial basis. Any additions or modifications must be made in writing and signed by both parties. The terms of this Agreement shall supersede the terms of any purchase order or other instrument issued by you under this Agreement. This Agreement is governed by the substantive and procedural laws of California and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this Agreement. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

Notwithstanding the foregoing, if your company is located and will be using the software in (a) Argentina, the laws of Argentina will apply to this Agreement and jurisdiction will be in the Courts of Buenos Aires; (b) Brazil, the laws of Brazil will apply to this Agreement and jurisdiction will be in the Courts of Sao Paulo; (c) Costa Rica, the laws of Costa Rica will apply to this Agreement and jurisdiction will be in the Courts of San Jose; (d) Colombia, the laws of Colombia will apply to this Agreement and jurisdiction will be in the Courts of Bogota; (e) Chile, the laws of Chile will apply to this Agreement and jurisdiction will be in the Courts of Santiago de Chile; (f) Ecuador, the laws of Ecuador will apply to this Agreement and jurisdiction will be in the Courts of Quito; (g) Peru, the laws of Peru will apply to this Agreement and jurisdiction will be in the Courts of Lima; (h) Puerto Rico, the laws of the Commonwealth of Puerto Rico will apply to this Agreement and jurisdiction will be in the Courts of San Juan; (i) Mexico, the laws of Mexico will apply to this Agreement and jurisdiction will be in the Courts of Mexico City; and (j) Venezuela, the laws of Venezuela will apply to this Agreement and jurisdiction will be in the Courts of Caracas.

VIII. MISCELLANEOUS: Upon 45 days written notice, Oracle may audit your use of the Programs. You agree to cooperate with Oracle's audit and provide reasonable assistance and access to information. You agree to pay within 30 days of written notification any underpaid fees. If you do not pay, Oracle can end your technical support, licenses and/or this Agreement.

IX. EXPORT CONTROLS ON THE PROGRAMS: Pressing the "I accept the License Terms and Export Restrictions" button below is also a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:

You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Iraq, North Korea, Syria, nor any country to which the United States has prohibited export.

You will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.

You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.

You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.

You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

RESTRICTED RIGHTS: Programs delivered to the U.S. Defense Dept. are delivered with Restricted Rights and the following applies: "Restricted Rights Legend: Use, duplication or disclosure by Government is subject to restrictions as currently set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights in Technical Data and Computer Software (October 1988). Oracle Corp. 500 Oracle Pkwy., Redwood City, CA, 94065. Programs delivered to a U.S. Government Agency not within the Defense, Dept. is delivered with 'Restricted Rights' as defined in FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987)."

Oracle Corporation World Headquarters

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Redwood Shores, CA 94065

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Worldwide Inquiries: 650.506.7000

Fax: 650.506.7200

Last updated: 15-February-2010

YES, I agree. I acknowledge that I have reviewed and understood the agreement and that
(i) the terms in Section A - T